ZAMBIA: CHILD LABOR COMMON WITH SOME FORCED LABOR

UNCLAS SECTION 01 OF 14 LUSAKA 000075

SIPDIS

PASS TO DOL/ILAB FOR LEYLA STROTKAMP, RACHEL RIGBY AND TINA
MCCARTER, STATE FOR DRL/ILCSR SMORGAN AND TDANG, G/TIP
LCDEBACA, AND AF/S LAYLWARD

E.O. 12958: N/A
TAGS: ELAB EIND ETRD KTIP PHUM SOCI USAID PGOV ZA
SUBJECT: ZAMBIA: CHILD LABOR COMMON WITH SOME FORCED LABOR
-- BUT INFORMATION SCARCE

REF: A. STATE 131997

B. 08 LUSAKA 573

C. 09 LUSAKA 0032

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SUMMARY
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1. (U) This cable responds to ref A request for information
on the use of forced labor and/or exploitive child labor in
the production of goods per the Trafficking Victims
Protection Reauthorization Act (TVPRA). It describes
exploitive and hazardous child labor for Zambia per the Trade
and Development Act (TDA). Although monitoring is difficult
and information is limited, child labor appears to be
somewhat common in Zambia and occurs mainly in smallholder
farming and sharecropping, small-scale mining and quarrying,
and in service industries. Information on forced labor
remains scarce and inconclusive. It is unclear whether this
labor endangers the children or prevents them from attending
school. Although it occurs, forced labor is not linked to
the production of any particular good.


2. (U) Following passage of the 2008 Anti-Human Trafficking
Act and 2009 National Plan of Action against Human
Trafficking, Zambia has taken concrete steps to combat human
trafficking, including trafficking of children for forced
labor. Similarly, the Zambian government finalized a draft
Child Labor Policy, launched a National Plan of Action for
the Youth to help eliminate the worst forms of child labor,
and worked with the International Labor Organization (ILO) on
a "Time Bound" Program to promote child labor awareness to
prevent child labor. Still, limited resources remain a
stumbling block to progress. End Summary.

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TASKING 1/TVPRA
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3. (U) The following goods meet USDOL's definition of goods
produced using forced labor and/or exploitive child labor.
Goods are listed in the same narrative by sector because they
generally vary by type of production rather than by good.

1A. Good: Smallholder farming and sharecropping

1B. Type of exploitation: Exploitive child labor

1C. Sources of information/years: Interviews conducted in
2010 with representatives from the International Labor
Organization (ILO),UNICEF, Zambia Federation of Employers,
Zambia Chamber of Mines, Federation of Small Scale Mining
Association of Zambia, and Gemstones and Allied Workers Union
of Zambia; 2005 Central Statistical Office Labor Force
Survey; 2009 ILO/UNICEF/World Bank report "Understanding
Children's Work in Zambia: An Inter Agency Research
Cooperation Project"; 2008 ILO-IPEC working papers 1 and 2 of
the "Handbook for District Child Labor Committees: Zambia
Time Bound Program (TBP) Project Community Action"; 2008
UNICEF report "Zambia: Situation Analysis of Children and
Women"; 2009 UNICEF Zambia report "We Can Do It: Accelerated
Child Survival and Development in Zambia"; 2007-11 ILO
Zambia report on the Decent Work Country Program; 2008 ILO
report, "Investigating forced Labor and trafficking: Do they
exist in Zambia? Special Action Program to Combat Forced
Labor"; 2007 ILO-IPEC report, "The Nature and Extent of Child
Trafficking in Zambia: A Working Paper"; January 2010
ILO/Zambia Federation of Employers report, "Dissemination
Workshop on the Impact of the Global Economic Crisis on
Business and Employment in Zambia."

1D. Narrative description: Sources listed in paragraph 3,
section 1C indicated that child labor is used by smallholder
farmers and sharecroppers to produce tobacco, maize, cotton,
coffee, tea, and charcoal; raise livestock; and fishing.
Estimates of the extent of the problem are unknown, and
information on the prevalence of child labor in these goods
is limited. Although the sources indicated that child labor
occurs most frequently in growing cotton, tobacco, and maize,
they have so far failed to provide specifics. ILO estimated
that almost 96 percent of economically active children work
in agriculture, and the ILO and other sources indicated that
it occurs throughout Zambia. They stated that children work
for their families or non-family members on farms or as
sharecroppers. They noted that many children working for

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their families worked in environments that harmed their
health or development, prejudicing their attendance at
school. Family obligations supersede debt arrangements.
Most work for parents, although orphans and other children
work for other relatives. Boys and girls perform a variety
of work up to age 18, including plowing, sowing, weeding,
harvesting, and transporting water and supplies. Children
engaged in fishing face the additional risk of drowning or
falling ill to water-borne diseases. In addition, children
who produce charcoal operate baking ovens. Most are exposed
to hazards such as fertilizers and pesticides, unsafe working
environments, heavy lifting, and repetitive movements, among
other worst forms of hazardous labor. Many work long hours
using basic tools and no protective gear for food and/or
modest remuneration.

Most operations that employ child labor sell their products
in local markets. It is important to note that the Zambia
Federation of Employers works with many medium- and
large-scale agricultural operations to ensure that their
operations are free from child labor. Moreover, not all
small-scale operations use child labor. The scope of the
problem will remain unknown until the ILO completes a
proposed study on child labor in Zambian agriculture.

1E. Prevalence: Unknown

1F. GRZ/Industry/NGO efforts to combat: The Ministry of
Labour and Social Services (MLSS) has co-sponsored the
three-year, ILO-funded "Time Bound Program" with the ILO and
ZFE to promote employer awareness and prevention of child
labor in agriculture, livestock, fishing and other
industries. The program is set to end in 2010. The MLSS
also conducts labor inspections and takes action in cases of
labor abuse but does not specifically conduct child labor
inspections. Tobacco companies in Zambia have worked
successfully to address the problem through their "End Child
Labor in Tobacco" campaign. Some cotton producers, notably
U.S. Dunavant Cotton, have taken steps to raise awareness of
child labor in cotton production. However, sources noted
that these efforts have not significantly reduced or
eliminated child labor in these industries.

1A. Good: Small-scale mining and quarrying

1B. Type of exploitation: Exploitive child labor

1C. Sources of information/years: See paragraph 3, section
1C.

1D. Narrative description: Sources listed in paragraph 3,
section 1C indicated that child labor is used in the legal
and illegal small-scale mining of gemstones, particularly
emeralds and amethysts, and of metals, including copper,
lead, iron ore and zinc. Child labor is also used to quarry
rock. Sources have so far failed to provide estimates of the
extent of the problem but noted that it occurs throughout
Zambia. They stated that most mining operations employing
child labor involve scavenging and rudimentary mine drilling
at abandoned mines and mining dump sites. Sources did not
provide specific information on ages, gender, or ethnic
backgrounds of the children. Most work for their parents
based on family obligation and became involved by joining
family operations established by miners laid off from their
jobs. Child mine workers are exposed to hazards such as
chemicals, unsafe working environments, heavy lifting, and
repetitive movements, among other worst forms of hazardous
labor. Many work long hours using basic tools and no
protective gear for food and/or modest remuneration.

These operations typically sell gemstones to smugglers who
smuggle the gems clandestinely out of the country. Metals
are typically sold to foreigners who own local businesses.
Quarried rock is sold in local markets. It is important to
note that all medium- and large-scale mining operations are
certified by the Zambia Chamber of Mines to be free of child
labor and that not all small-scale operations use child
labor. The scope of the problem will remain unknown until
the ILO and ZFE conclude proposed studies on child labor in
Zambian small-scale mining.

1E. Prevalence: Unknown

1F. GRZ/Industry/NGO efforts to combat: The Ministry of
Labor and Social Services (MLSS) has co-sponsored the

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three-year, ILO-funded "Time Bound Program" with the ILO and
ZFE to promote employer awareness and prevention of child
labor in mining and other industries. The program is set to
end in 2010. The MLSS also conducts labor inspections and
takes action in cases of labor abuse but does not
specifically conduct child labor inspections. In January
2009, the Zambian government (GRZ) closed operations at the
Chinese Collum Coal Mine (CCCM) in Sinazongwe, Southern
Province, after two fatal mine accidents caused by poor mine
safety conditions. The mine reopened the next month after
the mine owners complied with the required safety rules.
However, sources noted that these efforts have not
significantly reduced or eliminated child labor in the mining
sector.

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TASKING 2/TDA
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4. This section responds to ref A request for information on
the use of exploitive child labor in the production of goods
per the Trade and Development Act (TDA). It excludes
information previously submitted in ref C. According to the
February 2008 study "Understanding Children's Work in Zambia"
study funded by the ILO, UNICEF and the World Bank, over 1.2
million Zambian children between the ages of 5 and 14 years
old, or 39 percent, engaged in economic activity. The study
also estimated that an additional 156,000 children between
the ages of 5 and 17 years worked in the worst forms of child
labor.


5. (U) Post's responses to questions 2A-2G:

2A. Prevalence and distribution of exploitive child labor:
This occurs in prostitution, domestic service, selling goods,
serving in bars, providing hospitality, working on
construction sites, and begging. The GRZ's Central
Statistical Office conducted a Labor Force Survey in 2008-09
and collected data on exploitive child labor. It has drafted
a preliminary report that it plans to release in 2010. Until
then, estimates of the prevalence of exploitive child labor
in these activities remain unavailable.

2B. Laws and regulations: No new laws or regulations were
enacted in the past year, and there were no improvements in
the legal and regulatory framework. The Minister of Labour
and Social Security (MLSS) prepared the draft Child Labour
Policy and Statutory Instrument on the Hazardous Forms of
Child Labour last year; these are currently under review by
the Ministry of Justice. The statutory instrument will
permit the GRZ to implement the provisions of the 2004
amendment of the Employment of Young Persons and Children's
Act, including a list of occupations considered to be the
worst forms of child labor compliant with ILO Convention 182.
The list includes excavation/drilling; stone crushing; block
and brick making; roofing; building; painting; tour guiding;
selling/serving in bars; animal herding; fishing; working in
tobacco and cotton fields; spraying pesticides; herbicides
and fertilizer application; handling farm machinery; and
processing in industries.

The country's legal and regulatory framework was inadequate
to address exploitative child labor, and there has been
little progress since 2006 to improve it. Post noted that
the MLSS has been more active this year than in the past in
working with the Ministry of Justice to implement at the
Child Labor Policy and statutory instrument. Presently,
children who are engaged in exploitive child labor can be
abused by their parents or guardians by carrying out tasks
that endanger their health and welfare or violate their right
to attend school. For instance, the child may carry
abnormally heavy loads or sell goods or beg to earn money,
preventing them from attending school. Examples of
indicators of an inadequate regulatory framework include
instances in which children have been found working without
pay because the sector in which they were working is exempted
from minimum age laws. ILO noted that one of the most
underreported areas of child labor involved cases in which
boys were exploited as prostitutes. Social taboos on
homosexuality and laws that exclusively prohibit female
prostitution have left these boys particularly vulnerable to
child labor abuses.

The 2002 Poverty Reduction Strategy Paper (PRSP),the 2005-10
Fifth National Development Plan (FNDP),and the 2006 National

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Employment and Labor Market Policy (NELMP) address child
labor issues. The PRSP aims to improve access to and quality
of education for children at all levels. The FNDP calls for
the eradication of the worst forms of child labor through
various measures such as awareness raising, legislative
reform, and better information for targeting. The NELMP
makes specific reference to child labor, proposing
interventions for eliminating child labor in agriculture,
education and health. It further emphasizes the provision of
education and skills to children and young persons in order
to prepare them for decent, productive work.

The GRZ's National Child Policy (NCP) is a framework that
provides core guidelines for improving the welfare and
quality of life of children and for protecting their survival
and developmental rights. The NCP aims to consolidate all
existing and proposed legislation into one comprehensive
statute, and to update laws and incorporate the provisions of
UN Convention on the Rights of the Child.

The government's National Youth Policy (NYP) is a framework
that provides core guidelines to coordinate, monitor, and
evaluate extracurricular youth activities that serve as
alternatives to work. Last year the GRZ launched the
National Plan of Action for the Youth to implement the NYP
and eliminate the worst forms of child labor. The NPA
specifies priority interventions and supports improved
coordination of interventions against worst forms.

2C. Institutions and mechanisms for enforcement:

2C, Section I: Hazardous child labor


1. What agencies were responsible for the enforcement of
laws relating to hazardous child/forced child labor?

The Ministry of Labor and Social Security (MLSS) is the
primary government agency responsible for the implementation
and enforcement of child labor laws and regulations. Other
agencies and units responsible for enforcing laws related to
hazardous child labor include:

-- Ministry of Labor and Social Security (MLSS) Child Labour
Unit;
-- Joint ZPS and Ministry of Youth, Sport and Child
Development (MSYCD) Child Protection Unit;
-- Zambia Police Service (ZPS) Victim Support Unit (VSU);
-- Ministry of Justice;
-- Ministry of Community Development and Social Services
(MCDSS) Child Protection Unit (different from the MSYCD CPU);
-- MCDSS District Street Children Committee;
-- MSYCD Directorate of Child Affairs; and
-- Drug Enforcement Commission (DEC) (in drug-related cases).

The MLSS Child Labour Unit (CLU) works with District Child
Labor Committees (DCLCs) in 16 of Zambia's 72 districts to
combat child labor. The purpose of the DCLCs is to increase
local awareness of child labor laws and the harmful effects
of child labor as well as to mobilize communities against the
worst forms of child labor. The CLU plans to establish DCLCs
in all districts.


2. If multiple agencies were responsible for enforcement,
were there mechanisms for exchanging information? Assess
their effectiveness.

Although GRZ agencies have mechanisms to exchange
information, they did not effectively do so in some cases
because of overlapping responsibilities and inadequate
communication channels. The CLU coordinates efforts by the
MLSS and other agencies to identify and enforce child labor
violations. The joint ZPS-MSYCD Child Protection Unit (CPU)
coordinates efforts by police and youth and community
development officials to identify and remove vulnerable
children from the streets. The CPU also works with the MCDSS
District Street Children Committee to place victims of child
labor with families, in foster care, or in children's homes
and with prosecutors from the Ministry of Justice to
investigate and prosecute child labor cases. The CPU was
fully operational last year but lacked adequate resources to
enhance efforts to identify and remove children from child
labor situations.


3. Did Zambia maintain a mechanism for making complaints
about hazardous and forced child labor violations? If so,

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how many complaints were received in the reporting period?

The country does not maintain a centralized mechanism for
making complaints about hazardous child labor violations.
Complainants may submit complaints to any of the
agencies/units listed in 2C, Section I, 1. Each of these
agencies maintains a central phone number complainants may
use. The VSU indicated that in 2008 it received 2,885
complaints related to defilement, neglect, desertion, and
trafficking of children. No other relevant statistics were
available in the reporting period.


4. What amount of funding was provided to agencies
responsible for inspections? Was this amount adequate? Did
inspectors have sufficient office facilities, transportation,
fuel, and other necessities to carry out inspections?

Last year's total MLSS budget was USD 3.7 million, or 0.001
percent of the total GRZ budget. The Ministry allocated USD
116,000 of USD 157,000 budgeted to its Child Labour Unit, a
decrease from USD 191,000 in 2008. The MLSS indicated that
it had inadequate funding for inspections. Inspectors lacked
transportation and other resources needed to conduct regular
inspections and, for the most part, focused on the formal
sector, where there were few, if any, problems with child
labor.


5. How many inspectors did the GRZ employ? Was the number of
inspectors adequate?

The MLSS maintained information on labor inspectors but did
not provide last year's figures. There were 60 labor
inspectors nationwide as of 2008, down from 67 in 2007 due to
deaths and resignations. There are no specialized child
labor inspectors in Zambia; the labor inspectorate staff is
responsible for all labor inspections, including child labor.


6. How many inspections involving child labor were carried
out? If possible, please provide breakdown of
complaint-driven versus random, GRZ-initiated inspections.
Were inspections carried out in sectors in which children
work? Was the number of inspections adequate?

The MLSS maintained information on labor inspections but has
so far failed to provide last year's figures. It carried out
394 inspections in 2008. All inspections included a child
labor component. Both complaint-driven and random,
GRZ-initiated inspections occurred, although no specific
breakdown was available. Inspections were carried out in
sectors in which children work. The ILO indicated that the
number of inspections was not adequate.


7. How many children were removed or assisted as a result of
inspections? Were these children actually provided or
referred for services as a result?

The ILO indicated that most children were removed from child
labor situations as a result of inspections and returned to
their parents. If involved, parents were counseled, and no
further actions were taken against child labor violators.


8. How many child labor cases or "prosecutions" were opened?

The MLSS and VSU maintained information on child labor cases
opened and prosecuted but have so far failed to provide last
year's figures. The MLSS Child Labour Unit (CLU) does not
generally refer cases of child labor for prosecution, in part
because the absence of the statutory instrument that
specifically defines the worst forms of child labor makes it
difficult to prosecute cases. Rather than formally prosecute
violations of child labor laws, the CLU has focused its
efforts on educating the public and raising awareness with
regard to child labor issues. When labor inspectors
discovered violations of child labor laws, they typically
resolved the problems through mediation and counseling.
According to the VSU, of the 2,885 child-related cases opened
in 2008, 171 convictions were obtained. Of these, 150 were
related to child defilement, some of which may have been
perpetrated against victims of exploitive child labor.


9. How many child labor cases were closed or resolved?

The MLSS and MCDSS maintained information on child labor
cases closed or resolved but have so far failed to provide
last year's figures.

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10. How many violations were found or "convictions" reached?

The MLSS and MCDSS maintained information on violations found
or "convictions" reached but have so far failed to provide
last year's figures.


11. What is the average length of time it took to resolve
child labor cases?

The MLSS and MCDSS maintained information on the average
length of time it took to resolve child labor cases but have
so far failed to provide last year's figures.


12. In cases in which violations were found, were penalties
actually applied, either through fines paid or jail sentence
served? Did such sentences meet penalties established in the
law?

Under the Employment of Young Persons and Children's Act, the
MLSS can bring charges that provide for penalties ranging
from a fine to imprisonment for violations, although it has
been difficult to prosecute in the absence of the pending
statutory instrument. The Act also permits labor inspectors
to enter family homesteads and agricultural fields to check
for child labor violations.


13. Did the experience regarding questions 7 through 10 above
reflect a commitment to combat exploitive child labor?

Although the MLSS was not forthcoming with information on its
efforts to combat exploitive child labor, the ILO and Zambian
Federation of Employers indicated that the Ministry is
committed to fighting it. MLSS officials assured Post that
they are working closely this year with the Ministry of
Justice to finalize the Child Labour Policy and statutory
instrument.


14. Did GRZ offer any training for investigators or others
responsible for enforcement? If so, what (if any) impact have
these trainings had?

GRZ training co-sponsored by UNICEF and Regional Legal
Advisor on child trafficking was administered last year to
240 police, police prosecutors, local court justices and
magistrates. The training helped raise awareness among
officials who handle child labor cases. The MLSS continued
to provide awareness raising and training activities for
inspectors charged with enforcing child labor laws.

2C, Section II: Forced Child Labor


1. What agencies were responsible for the enforcement of
laws relating to forced child labor?

See response in 2C, Section I, 1. In addition to exploitive
child labor, GRZ agencies also enforced laws relating to
forced child labor.


2. If multiple agencies were responsible for enforcement,
were there mechanisms for exchanging information? Assess
their effectiveness.

See response in 2C, Section I, 2. The Victim Support Unit
(VSU) worked with other agencies to identify victims of
domestic abuse, including those involved in cases of forced
labor and trafficking. The VSU publicly released annual
statistics on domestic abuse cases.


3. Did the country/territory maintain a mechanism for making
complaints about forced child labor violations? If so, how
many complaints were received in the reporting period?

See response in 2C, Section I, 3.


4. What amount of funding was provided to agencies
responsible for inspections? Was this amount adequate? Did
inspectors have sufficient office facilities, transportation,
fuel, and other necessities to carry out inspections?

See response in 2C, Section I, 4.


5. How many inspectors did the GRZ employ? Was the number of
inspectors adequate?


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See response in 2C, Section I, 5.


6. How many inspections involving child labor were carried
out? If possible, please provide breakdown of
complaint-driven versus random, GRZ-initiated inspections.
Were inspections carried out in sectors in which children
work? Was the number of inspections adequate?

See response in 2C, Section I, 6.


7. How many children were removed/assisted as a result of
inspections? Were these children actually provided or
referred for services as a result?

See response in 2C, Section I, 7.


8. How many child labor cases or "prosecutions" were opened?

See response in 2C, Section I, 8.


9. How many child labor cases were closed or resolved?

See response in 2C, Section I, 9.


10. How many violations were found or "convictions" reached?

See response in 2C, Section I, 10.


11. What is the average length of time it took to resolve
child labor cases?

See response in 2C, Section I, 11.


12. In cases in which violations were found, were penalties
actually applied, either through fines paid or jail sentence
served? Did such sentences meet penalties established in the
law?

See response in 2C, Section I, 12.


13. Did the experience regarding questions 7 through 10 above
reflect a commitment to combat exploitive child labor?

See response in 2C, Section I, 13.


14. Did GRZ offer any training for investigators or others
responsible for enforcement? If so, what (if any) impact have
these trainings had?

See response in 2C, Section I, 14.

2D. Institutional Mechanisms For Effective Enforcement- Child
Trafficking, Commercial Sexual Exploitation Of Children
(CSEC),Use Of Children In Illicit Activities:

2D, Section I: Child Trafficking


1. Did Zambia have agencies or personnel dedicated to
enforcement of child trafficking? How many
investigators/social workers/dedicated police officers did
the government employ to conduct investigations? If there
were no dedicated agencies or personnel, provide an estimate
of the number of people who were responsible for such
investigations. Was the number of investigators adequate?

The Victims Support Unit (VSU) and Ministry of Sports, Youth
and Child Development (MSYCD) Child Protection Unit (CPU) are
the primary GRZ organizations responsible for enforcement of
child trafficking. These units work with prosecutors from
the Ministry of Justice to investigate and prosecute child
trafficking cases. VSU and CPU employees coordinate
investigations. The VSU and CPU have so far failed to
provide information regarding the number of investigators,
social workers, or dedicated police officers who conduct
investigations. As is the case with all GRZ entities, the
VSU and CPU often lack sufficient resources such as fuel to
conduct investigations. VSU is a member of the newly-formed
Anti-Trafficking Secretariat and cooperates closely with
international organizations such as the International
Organization for Migration (IOM) on a training plan for
officers. The Ministry of Home Affairs, which is the GRZ
body responsible for coordinating anti-trafficking efforts in
Zambia, has expressed interest in specialized investigative
skills training for police and immigration.


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2. How much funding was provided to agencies responsible for
investigating child trafficking? Was this amount adequate?
Did investigators have sufficient office facilities,
transportation, fuel, and other necessities to carry out
investigations?

Last year's total VSU budget was USD 37,000. The total MSYCD
budget was USD 5.08 million, or 0.0015 percent of the total
GRZ budget. The Ministry allocated 13.5 percent of its
budget, USD 685,000, to its Child Protection Unit. VSU and
CPU noted that their investigators did not have sufficient
office facilities, transportation, fuel, and other
necessities to carry out investigations.


3. Did Zambia maintain a hotline or other mechanism for
reporting child trafficking/CSEC/use of children in illicit
activities violations? If so, how many complaints were
received in the reporting period?

The country does not maintain a hotline or centralized
mechanism for reporting child trafficking, CSEC, and the use
of children in illicit activities violations. The IOM
operates a general anti-trafficking hotline, and Post has
seen posters prominently displayed at border crossings and
GRZ offices. Complainants may also submit complaints to any
of the agencies/units listed in 2C, Section I, 1. Each of
these agencies maintains a central phone number complainants
may use. Zambian officials referred 33 cases of human
trafficking or potential human trafficking to IOM last year,
and 26 of these cases involved children under the age of 18.
No other relevant statistics were available in the reporting
period. However, VSU is finalizing a policy whereby officers
must collect information on trafficking as a reportable
offense and report demographic data such as country of origin
and age. The GRZ's Inter-Ministerial Committee on Human
Trafficking is also working with IOM to improve general data
collection.


4. How many investigations were opened in regard to child
trafficking/CSEC/use of children in illicit activities? Was
the number of investigations adequate?

The CPU and VSU investigations were opened in regard to child
trafficking/CSEC/use of children in illicit activities, but
they have so far failed to provide last year's figures. A
human trafficking case recorded by the VSU in 2008 before the
passage of the Anti-Human Trafficking Act was withdrawn
before reaching trial. Subsequently, there have been two
convictions under the Act, both related to the sale of
children. Insufficient information is available to determine
whether the number of investigations was adequate. The GRZ's
new Anti-Trafficking Secretariat worked closely with the
international community and local NGOs to operationalize its
October 2009 National Plan of Action.


5. How many children were rescued as a result?

According to the Ministry of Home Affairs and VSU, the three
children involved in the two convictions under the Act were
rescued. In addition, three Zambian children were rescued by
Zambian immigration officials who intercepted a vehicle
transporting them to Namibia, where they were allegedly
destined for farm labor. As a result of GRZ cooperation with
the IOM, 26 children were rescued from trafficking last year.



6. How many arrests were made or other kinds of prosecutions
carried out?

The GRZ secured two convictions of Zambian men who had sold
their children to Tanzanian individuals. There are nine
other cases pending under the 2008 Anti-Human Trafficking
Act, many of which involve minors. One case was reportely
withdrawn for lack of evidence. A Namibian immigration
official was changed under Zambian law with human trafficking
offenses for attempting to transport four Zambian youths to
Namibia, allegedly for farm labor. He was convicted under
the Zambian Immigration Act but later released.


7. How many cases were closed or resolved?

Due to current lack of reliable data-collection capability,
the CPU and VSU have so far failed to confirm how many cases
were closed or resolved last year.


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8. How many convictions?

See response in 2D, Section I, 6.


9. Did sentences imposed meet standards established in the
legal framework?

Under 2008 Anti-Human Trafficking Act, those convicted of
human trafficking can receive up to 25 years to life
imprisonment. Sentencing of the two individuals convicted of
trafficking remained pending in the High Court at year's end.
Although the Act provided prosecutors with a statutory
instrument to impose sentences that meet standards
established in the legal framework, they lacked necessary
training. Such training is a key priority for the Ministry
of Home Affairs.


10. Were sentences imposed actually served?

See response in 2D, Section I, 9.


11. What is the average length of time it takes to resolve
cases of child trafficking?

The CPU and VSU have so far failed to confirm the average
length of time it took to resolve cases of child trafficking
last year.


12. Did the GRZ offer any training for investigators or
others responsible for enforcement of child trafficking?

See response in 2C, Section I, 14.


13. If Zambia experienced armed conflict during the reporting
period or in the recent past involving the use of child
soldiers, what actions were taken to penalize those
responsible? Were these actions adequate or meaningful given
the situation?

Zambia did not experience armed conflict over the past five
years, and there was no known or suspected use of child
soldiers.

2D, Section II: Commercial Sex Exploitation Of Children (CSEC)


1. Did Zambia have agencies or personnel dedicated to
enforcement of child CSEC activities? How many
investigators/social workers/dedicated police officers did
the government employ to conduct investigations? If there
were no dedicated agencies or personnel, provide an estimate
of the number of people who were responsible for such
investigations. Was the number of investigators adequate?

See response in 2D, Section I, 1. Information on CSEC in
Zambia is generally unavailable, and unless otherwise noted,
the responses are the same as indicated in 2D, Section I on
child trafficking.


2. How much funding was provided to agencies responsible for
investigating child CSEC? Was this amount adequate? Did
investigators have sufficient office facilities,
transportation, fuel, and other necessities to carry out
investigations?

See response in 2D, Section I, 2.


3. Did Zambia maintain a hotline or other mechanism for
reporting child CSEC violations? If so, how many complaints
were received in the reporting period?

See response in 2D, Section I, 3.


4. How many investigations were opened in regard to child
CSEC? Was the number of investigations adequate?

See response in 2D, Section I, 4.


5. How many children were rescued as a result?

See response in 2D, Section I, 5.


6. How many arrests were made or other kinds of prosecutions
carried out?

See response in 2D, Section I, 6.

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7. How many cases were closed or resolved?

See response in 2D, Section I, 7.


8. How many convictions?

See response in 2D, Section I, 8.


9. Did sentences imposed meet standards established in the
legal framework?

See response in 2D, Section I, 9. The 2008 Anti-Human
Trafficking Act provides penalties up to 25 years for
individuals convicted of engaging in CSEC.


10. Were sentences imposed actually served?

See response in 2D, Section I, 10.


11. What is the average length of time it takes to resolve
cases of child CSEC?

See response in 2D, Section I, 11.


12. Did the GRZ offer any training for investigators or
others responsible for enforcement of child CSEC?

GRZ training provided to police, police prosecutors, local
court justices and magistrates on child trafficking but did
not specifically focus on CSEC. See also response in 2C,
Section I, 14.


13. If Zambia experienced armed conflict during the reporting
period or in the recent past involving the use of child
soldiers, what actions were taken to penalize those
responsible? Were these actions adequate or meaningful given
the situation?

See response in 2D, Section I, 13.

2D, Section III: Use of Children in Illicit Activities


1. Did Zambia have agencies or personnel dedicated to
enforcement of the use of children in illicit activities? How
many investigators/social workers/dedicated police officers
did the government employ to conduct investigations? If there
were no dedicated agencies or personnel, provide an estimate
of the number of people who were responsible for such
investigations. Was the number of investigators adequate?

Information on the use of children in Illicit Activities in
Zambia is generally unavailable, and unless otherwise noted,
responses are the same as indicated in 2D, Section I on child
trafficking. In addition to the agencies listed in 2D,
Section I, 1, the Drug Enforcement Commission (DEC) is
involved with cases dealing with narcotics trafficking. The
DEC refers cases where children are involved to the Child
Protection Unit to assist child victims.


2. How much funding was provided to agencies responsible for
investigating child trafficking/CSEC/use of children in
illicit activities? Was this amount adequate? Did
investigators have sufficient office facilities,
transportation, fuel, and other necessities to carry out
investigations?

See response in 2D, Section I, 2.


3. Did Zambia maintain a hotline or other mechanism for
reporting the use of children in illicit activities
violations? If so, how many complaints were received in the
reporting period?

See response in 2D, Section I, 3.


4. How many investigations were opened in regard to the use
of children in illicit activities? Was the number of
investigations adequate?

See response in 2D, Section I, 4.


5. How many children were rescued as a result?

See response in 2D, Section I, 5.

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6. How many arrests were made or other kinds of prosecutions
carried out?

See response in 2D, Section I, 6.


7. How many cases were closed or resolved?

See response in 2D, Section I, 7.


8. How many convictions?

See response in 2D, Section I, 8.


9. Did sentences imposed meet standards established in the
legal framework?

See response in 2D, Section I, 9. The 2008 Anti-Human
Trafficking Act provides penalties up to 25 years for
individuals convicted of using children in illicit activities.


10. Were sentences imposed actually served?

See response in 2D, Section I, 10.


11. What is the average length of time it takes to resolve
cases of use of children in illicit activities?

See response in 2D, Section I, 11.


12. Did the GRZ offer any training for investigators or
others responsible for enforcement of use of children in
illicit activities?

GRZ provided training to police, police prosecutors, local
court justices and magistrates on child trafficking but did
not specifically focus on use of children in illicit
activities. See also response in 2C, Section I, 14.


13. If Zambia experienced armed conflict during the reporting
period or in the recent past involving the use of child
soldiers, what actions were taken to penalize those
responsible? Were these actions adequate or meaningful given
the situation?

See response in 2D, Section I, 13.

2E. Government Policies on Child Labor:


1. Did the GRZ have a policy or plan that specifically
addresses exploitive child labor?

Yes. Zambia has a draft Child Labor Policy under review at
the Ministry of Justice. Until it is approved by Parliament,
the GRZ will continue to rely on a patchwork of national
plans and policy papers with specific provisions addressing
exploitive child labor, including the 2002 Poverty Reduction
Strategy Paper (PRSP),the 2005-10 Fifth National Development
Plan (FNDP),the 2006 National Employment and Labor Market
Policy (NELMP) address child labor issues, the National Child
Policy (NCP),National Youth Policy (NYP),and the National
Plan of Action for the Youth. See response in Section 2B.


2. Did Zambia incorporate exploitive child labor
specifically as an issue to be addressed in poverty
reduction, development, educational or other social policies?

Yes. References to exploitive child labor are included in
the 2002 Poverty Reduction Strategy Paper (PRSP),the Fifth
National Development Plan (FNDP),and the National Employment
and Labor Market Policy (NELMP). See response in Section 2B.


3. Did the GRZ provide funding to the plans described above?

Yes. The amount is difficult to calculate because the
government breaks down budget allocations by sector rather
than policy or plan. It is probable that the amount was
insufficient to carry out the planned activities.


4. Did the government provide non-monetary support to child
labor plans?

Yes. The GRZ provided non-monetary support to child labor
plans and programs, including considering child labor
policies, endorsing child labor plans and programs,

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coordinating agency involvement in combating child labor, and
lending some administrative support to partner organizations.


5. Provide any additional information about the status and
effectiveness of the GRZ's policies or plans during the
reporting period in regard to exploitive child labor.

The effectiveness of the GRZ's exploitive child labor
policies is uncertain. The GRZ has made some progress on
implementing policies and programs, particularly on
finalizing the draft Child Labor Policy. The GRZ's primary
partners in combating child labor, UNICEF, ILO, and the
Zambia Federation of Employers, recognized that the GRZ has
been supportive in joint programs such as the Time Bound
Program. They noted that it has taken steps to eliminate
child labor.

Nevertheless, the Central Statistical Office's 2005 Labor
Force Survey indicated an estimated 1.25 million children
were engaged in some form of economic activity and over
895,000 were involved in child labor. The ILO noted that
this is a steep increase from earlier estimates. The 2009
Labor Force Survey due for publication this year will help
determine whether the problem of child labor is increasing --
in spite of the GRZ's efforts to combat it.


6. Did the GRZ participate in any commissions or task forces
regarding exploitive child labor? Was the commission active
and/or effective?

No. However, the MLSS coordinated efforts to fight
exploitive child labor with the ILO, UNICEF, and business
organizations such as the Chamber of Mines and Zambia
Federation of Employers.


7. Did the GRZ sign a bilateral, regional or international
agreement to combat trafficking?

In 2005 Zambia signed the UN Protocol to Prevent, Suppress
and Punish Trafficking in Persons, Especially Women and
Children and the UN Protocol against the Smuggling of
Migrants by Land, Sea and Air (also known as the Palermo
Protocols). The GRZ codified these into domestic law by
enacting the 2008 Anti-Human Trafficking Act. Following
passage of the Act, the GRZ issues an Anti-Trafficking Policy
and National Anti-Trafficking Plan of Action. The GRZ has
not ratified bilateral agreements but observes
anti-trafficking protocols established by regional
organizations to which it belongs, including the African
Union (AU),Southern African Development Community (SADC),
and Common Market for Eastern and Southern Africa (COMESA).
Because these agreements were codified into domestic law less
than two years ago, it is not yet possible to determine
whether they have yielded tangible improvements.

2F. Social Programs to Eliminate or Prevent Child Labor:


1. Did the GRZ implement any programs specifically to
address the worst forms of child labor?

The Ministry of Community Development and Social Services
(MCDSS) Child Protection Unit operates two Zambia National
Service (ZNS) camps to provide skills training to street
children and other victims of child labor. Last year the GRZ
sent approximately 300 boys to a camp in Chipata, Eastern
Province, and 100 girls to a camp in Kitwe, Copperbelt
Province. After graduating from the camps, some went on to
continue their academic studies under the sponsorship of the
Ministry of Science, Technology and Vocational Training,
while the remainder returned to their families.

The MLSS co-sponsored the three-year, ILO-funded "Time Bound
Program" with the ILO and Zambia Federation of Employers to
promote employer awareness and prevention of child labor.


2. Did Zambia incorporate child labor specifically as an
issue to be addressed in poverty reduction, development,
educational or other social programs, such as conditional
cash transfer programs or eligibility for school meals?

The MSYCD's Child Protection Unit's "Social Cash Transfer"
Program co-funded by the UK Department for International
Development (DFID) and CARE International provided cash
transfers to up to 10,000 families in Southern Province that
agreed to send their children to school in place of work.

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3. Did the GRZ provide funding to the programs described
above?

The ILO noted that the GRZ provided some administrative
support to the "Social Cash Transfer" Program but that most
of the program's costs were borne by DFID and CARE. ILO
noted that the GRZ wants to increase the number of families
served to 20,000 but that there was insufficient funding to
fulfill this objective.


4. Did the GRZ provide non-monetary support to child labor
programs?

See response in 2E, 4.


5. Provide any additional information about the status and
effectiveness of the GRZ's activities during the reporting
period in relation to the programs described above.

Although GRZ programs such as "Time Bound" and "Social Cash
Transfer" have been moderately successful in raising
awareness and addressing child labor, they have not
noticeably contributed to the elimination of child labor. In
addition, the government is heavily dependent on donors to
continue these programs, making them unsustainable in the
long term unless the GRZ increases its financial commitment.
The ZFE stated that the "Time Bound Program" will end this
year unless the government finds new donor support.


6. If the GRZ signed one or more bilateral, regional or
international agreement/s to combat trafficking, what steps
did it take to implement such agreement/s? Did the
agreement/s result in tangible improvements?

See response in 2E, 7. The GRZ worked proactively with
international organizations such as the IOM, UNICEF, and ILO
as well as with local NGOs to implement the October 2009
National Anti-Trafficking Plan of Action. It has already
secured two convictions under the 2008 Anti-Human Trafficking
Act. The government committed itself under the National Plan
of Action to coordinate anti-trafficking efforts with
neighboring countries and in regional fora such as SADC.

2G. Continual progress:


1. Please provide an assessment of whether, overall, the
government made progress in regard to combating exploitive
child labor during the reporting period.

Despite good intentions, the GRZ has made little progress in
regard to combating exploitive child labor during the
reporting period partly due to committing inadequate
resources to the problem. The sectors in which child labor
is most prevalent -- smallholder farming and sharecropping,
livestock raising, fishing, small-scale mining and quarrying,
agriculture, domestic service, prostitution and pornography,
street vending, and begging -- do not appear to have changed
over the past year. Based on the limited information
available, Post cannot determine whether there has been an
increase or decrease from previous years in
inspections/investigations, prosecutions, and convictions.
Funding for child labor elimination policies and programs has
remained steady but is set to decrease.

Nevertheless, the government appears to have a renewed
interest implementing key policies related to child labor -
the Child Labor Policy and Statutory Instrument on the
Hazardous Forms of Child Labor. The Central Statistical
Office has also completed a draft of the 2009 Labor Force
Survey and may release it shortly. Once available, the
survey will provide a more accurate picture of whether child
labor is on the increase or going down.

--------------
COMMENT
--------------

Multiple sources confirmed that child labor in Zambia is a
major issue that occurs in many sectors through the country.
It is also clear that the Zambian government recognizes the
problem as a priority area for action. The GRZ has dedicated
limited budgetary and human resources to programs aimed at
eradicating the worst forms of child labor and alleviating
the pressures on families and caretakers that sometimes force

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them to send children out to work. Information and
statistics on child labor referenced in this update are a
good starting point for additional research and
investigation, but they are far from precise. It is
impossible at this point to make a definitive determination
about the use of forced or exploitative child labor in the
production of a particular good in Zambia. End comment.
KOPLOVSKY